Section 315 — Fair Work Act 2009: Organisations covered by transferable instrument

Employer organisation covered by named employer award (1) If: (a) a named employer award covers the new employer because of paragraph 313(1)(a); and (b) the named employer award covered an employer organisation in relation to the old employer immediately before the termination of a transferring employee’s employment with the old employer; then the named employer award covers the employer organisation in relation to the new employer. Employee organisation covered by named employer award (2) If: (a) a named employer award covers the new employer and a transferring employee because of paragraph 313(1)(a); and (b) the named employer award covered an employee organisation in relation to the transferring employee immediately before the termination of the transferring employee’s employment with the old employer; then the named employer award covers the employee organisation in relation to: (c) the transferring employee; and (d) any non-transferring employee of the new employer who: (i) is covered by the named employer award because of a provision of this Part or an FWC order; and (ii) performs the same work as the transferring employee. Employee organisation covered by enterprise agreement (3) To avoid doubt, if: (a) an enterprise agreement covers a transferring employee or a non-transferring employee because of a provision of this Part or an FWC order; and (b) the enterprise agreement covered an employee organisation immediately before the termination of the transferring employee’s employment with the old employer; then the enterprise agreement covers the employee organisation.